UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

Issued by the Department of Transportation on September 16, 2010 

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0219 ____________________________________________________________________________________________________________________________ 

This serves as notice to the public of the action described below, taken by the Department official indicated (no 

additional confirming order will be issued in this matter). 

Application of MESABA AVIATION, INC. (Mesaba) filed 9/1/10 for: 

XX Exemption for two years under 49 U.S.C. 40109 to provide the following service: 

Scheduled foreign air transportation of persons, property, and mail from a point or points in the United 

States, via intermediate points, to a point or points in Canada, and beyond.1

Applicant rep: Maximillian T. Shemesh (651) 367-5218 DOT Analyst: Thuy H. Cooper (202) 366-5423

D I S P O S I T I O N 

XX Granted (subject to conditions) 

The above action was effective when taken: September 16, 2010, through September 16, 2012. 

Action taken by: Paul L. Gretch, Director 

 Office of International Aviation 

XX The authority granted is consistent with the aviation agreement between the United States and 

Canada. 

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: XX Holder’s certificates of public convenience and necessity 

 XX Standard exemption conditions (attached) 

Conditions: The code-share operations conducted under this authorization are subject to the following 

conditions: 

(a) The code-share operations conducted under this authority must comply with 14 CFR 257 and with any 

amendment to the Department’s regulations concerning code-share arrangements that may be adopted. 

Notwithstanding any provisions in the contract between the carriers, our approval here is expressly 

conditioned upon the requirements that the subject foreign air transportation be sold in the name of the 

carrier holding out such service in computer reservation systems and elsewhere; that the carrier selling 

such transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety of the 

code-share journey for all obligations established in its contract of carriage with the passenger; and that 

the passenger liability of the operating carrier be unaffected.

 

1

 The applicant states that for the upcoming winter season, Mesaba and Delta Air Lines, Inc. (Delta) have reached 

agreement for Mesaba to provide Delta Connection services to Canada under a fee-for-service arrangement with Delta. 
(b) The authority granted here is specifically conditioned so that neither Mesaba nor its code-share partner 

shall give any force and effect to any contractual provisions between themselves that are contrary to 

these conditions.

Remarks: We acted on this application prior to the expiration of the answer period with the consent of all 

parties served. 

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the 

applicant qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action 

was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) 

grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation 

Act of 1975. To the extent not granted, we denied all requests in the referenced Docket. We may amend, 

modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. 

Persons entitled to petition the Department for review of the action set forth in this Notice under the 

Department’s regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of 

issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not 

alter such effectiveness. 

An electronic version of this document is available on the World Wide Web at: 

http://www.regulations.gov
ATTACHMENT 

U.S. Carrier Exemption Conditions 

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall: 

(1) Hold at all times effective operating authority from the government of each country served; 

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for 

scheduled operations, if authorized); 

(3) Comply with the requirements for reporting data contained in 14 CFR 241; 

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to 

the Department, contained in 14 CFR 205; 

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses; 

(6) Comply with all applicable requirements of the Federal Aviation Administration, the 

Transportation Security Administration, and with all applicable U.S. Government requirements 

concerning security, including, but not limited to, 49 CFR Part 1544. To assure compliance with all 

applicable U.S. Government requirements concerning security, the holder shall, before commencing 

any new service (including charter flights) to or from a foreign airport, contact its Principal Security 

Inspector (PSI) to advise the PSI of its plans and to find out whether the Transportation Security 

Administration has determined that security is adequate to allow such airport(s) to be served; 

(7) Comply with such other reasonable terms, conditions, and limitations required by the public 

interest as may be prescribed by the Department of Transportation, with all applicable orders and 

regulations of other U.S. agencies and courts, and with all applicable laws of the United States. 

The authority granted shall be effective only during the period when the holder is in compliance with 

the conditions imposed above. 

 

 

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